Agreement to sell -- Suit for specific performance - Ready and willing - Defendant denied execution of agreement - Means that defendant was never ready and willing to perform his part of the contract - It does not lie in the mouth of defendant to contend that plaintiff was not ready and willing to perform his part of the contract...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31A -- Execution of decree passed in suit for recovery of amount due to bank filed in civil court - Suit decreed - During relevant time DRT Act was in force and Tribunal was constituted - Held, civil court has no jurisdiction to entertain execution petition - Entire execution proceedings are void..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit on the basis of cheque - Defendant filed affidavit seeking leave to defend - Leave can be given only if affidavit discloses some triable issue - Defendant admitted execution of cheque, but taking plea that same was given as security - Plea not substantiated by any evidence - Ledger books of plaintiff..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Transferee pendente lite - Law summed up viz. (a) Adequate protection is provided to the parties from transfers pendente lite by Section 52 of the TPA and such transferees are neither required to be impleaded nor can claim impleadment - They cannot even..........
Civil Procedure Code, 1908, Order 21 -- Execution - In case of any doubt, benefit of it must go to the decree holder - Decree for eviction by implication means decree holder being put in possession of the property...........
Limitation Act, 1963, Article 135 -- Execution - Limitation - Decree of appellate Court merges with the decree passed by trial Court irrespective of the fact whether Appellate Court affirms, modifies or reverses the decree passed by trial Court - Execution of decree of mandatory injunction - Execution petition filed within three years of passing of the decree by Appellate..........
Civil Procedure Code, 1908, Article 135, Order 21, Rule 1, Civil Procedure Code, 1908, Article 135, Order 9, Rule 13 -- Execution - Ex parte decree - Application filed U.O.9.R.13 CPC to set aside ex parte decree - D.H. restrained from proceeding with the execution during the pendency of the application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC dismissed - Appeal arising..........
Civil Procedure Code, 1908, Section 47 -- Execution - Pendente lite purchaser of property after attachment - Word `representative' occurring in S.47 of the Code includes not only a legal representative in the sense of heirs, executors or administrators but also take in a `representative in interest', i.e. a transferee of a party to the proceeding or a transferee of such..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Execution - Pendente lite purchaser of property after attachment - Can challenge the Court auction sale by invoking O.21.R.90 CPC...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Attachment of property in execution of decree - Pre-sale illegality and post sale illegality - Held, pre-sale illegality in execution is amenable to the remedy under section 47 - Post sale illegality or irregularity causing substantial injury to judgment debtor is covered by Order 21 Rule 90 of the Code...........
